throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 32
`Entered: May 2, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`DYNAMIC DRINKWARE LLC
`Petitioner
`
`v.
`
`NATIONAL GRAPHICS, INC.
`Patent Owner
`
`Case IPR2013-00131
`Patent 6,635,196
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`

`

`Case IPR2013-00131
`Patent 6,635,196
`
`
`
`Patent Owner requested a conference by email dated April 30, 2014,
`
`to discuss two issues. This Order is entered to address those issues and
`
`eliminate the need for a conference.
`
`
`
`
`
`
`
`1. Motion for Observations on Cross-Examination of David Roberts
`
`Patent Owner’s request for leave to file such a motion is granted. The
`
`deadline for filing the motion is June 13, 2014. Petitioner will have until
`
`June 27, 2014 to respond. Patent Owner and Petitioner will strictly comply
`
`with the instructions set forth in Section C of the Scheduling Order
`
`regarding such motions and responses.
`
`
`
`
`
`2. Petitioner’s Reply to Patent Owner’s Response (Paper 29) and
`
`Petitioner’s Opposition to Patent Owner’s Motion to Amend (Paper 30).
`
`
`
`Patent Owner contends that these recently filed papers are not in
`
`compliance with Rule 42.6 (37 C.F.R. § 42.6). We agree. Among the
`
`deficiencies is use of a 12-point proportional font instead of the 14-point
`
`font required by the rule. Furthermore, the footnotes use a font much
`
`smaller that 14-point. Also, the block quotes are single-spaced, whereas the
`
`rule calls for a 1.5 line spacing.
`
`
`
`
`
`It is, therefore,
`
`ORDERED that Papers 29 and 30 will be expunged for failure to
`
`comply with Rule 42.6
`
`
`
`FURTHER ORDERED that Petitioner will have five days from entry
`
`of this Order to file substitute papers that comply fully with Rule 42.6.
`
`
`
`
`
`2
`
`

`

`Case IPR2013-00131
`Patent 6,635,196
`
`PETITIONER:
`
`Joseph S. Heino
`Patrick M. Bergin
`DAVIS AND KUELTHAU, S.C.
`jheino@dkattorneys.com
`pbergin@dkattorneys.com
`
`PATENT OWNER:
`
`Michael T. Griggs
`Keith M. Baxter
`BOYLE FREDERICKSON, S.C.
`mtg@boylefred.com
`kmb@boylefred.com
`
`3
`
`

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